Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment (Savings and Transitional) Regulation 1998 Order (1998-358) [GG No 101 of 1.7.1998, p 5189] (NSW)

New South Wales

ENVIRONMENTAL PLANNING AND ASSESSMENT (SAVINGS

AND TRANSITIONAL REGULATION 1998—ORDER

I, the Minister for Urban Affairs and Planning, in pursuance of clause 33 of
the Environmental Planning and Assessment (Savings and Transitional)

Regulation 1998, make the Order set out in the following Schedules.

Craig Knowles, MP

Minister for Urban Affairs and Planning

Sydney, 30th day of June 1998.

Commencement

This order takes effect on and from 1 Ju ly 1998.

SCHEDULE 1
Maximum fee for construction certificate

1.         The fee for an application for a construction certificate must not exceed the maximum amount determined in accordance with this Schedule.

Calculation of maximum fee

2.	(a)	No fee is payable for an application for a construction certificate
for building work where that application relates to a development application to which clause 29(9) of the Environmental Planning and Assessment (Savings and Transitional) Regulation 1998 applies.
(b)	The maximum fee for an application for a construction certificate
for building work is $50, plus an amount calculated in accordance with the Table to this clause.
( c )	If the application is lodged simultaneously with a development application for the same building work, the maximum fee for the application for the construction certificate is 85 per cent of the maximum fee calculated in accordance with the Table to this clause.

Published in Gazette No 101 of 1 July 1998, page 5189 Page 1

Environmental Planning and Assessment (Savings and Transitional) Regulation 1998—Order

Table

Cost	Component amount
(That is, the contract price or if there is	(Expressed as percentage of cost)
no contract, the cost of the proposed building as determined by the consent authority)
Not exceeding $5,000	0.5 per cent.
Exceeding $5,000 but not exceeding	0.5 per cent for the first $5,000, plus
$100,000	0.35 per cent of the amount in excess of $5,000.
Exceeding $100,000 but not exceeding	0.5 per cent for the first $5,000, plus
$250,000	0.35 per cent of the next $95,000, plus 0.2 per cent of the amount in excess of $100,000.
Exceeding $250,000	0.5 per cent for the first $5,000, plus 0.35 per cent of the next $95,000, plus 0.2 per cent of the next $150,000, plus 0.1 per cent of the amount in excess of $250,000

Functions taken to be included in the fee

1. The following functions are taken to be included in the fee for a construction certificate:

   receiving and registering the application,
   undertaking any inspection of the site of the proposed building
   work before the determination of the application,
   i f the building work comprises the alteration. enlargement.

   extension or rebuilding of an existing building. any inspection

   of the existing building before the determination of the

   application,
   considering submissions made in relation to the application,
   examining the application and any accompanying plans and

   specifications,

checking engineering drawings and other details relating to the

proposed building work,

Environmental Planning and Assessment (Savings and Transitional) Regulation 1998—Order

(g)	preparing any report in relation to the application, processing and determining the application, and giving any notice required under the Act in relation to the determination of the application,
( h )	issuing an occupation certificate in relation to the building work,

( i )        incidental administrative functions associated with the determination of the application.

Maximum fee for an application for a development consent to which clause 29(9) of the Environmental Planning and Assessment (Savings and Transitional) Regulation 1998 applies

1 .	The maximum fee payable for an application for development consent to which clause 29(9) of the Environmental Planning and Assessment (Savings and Transitional) Regulation 1998 applies is $50, plus an amount calculated in accordance with the following Table:
Cost	Component amount
(That is, the contract price or i f there is	(Expressed as percentage of cost)
no contract, the cost of the proposed building as determined by the consent authority)
Not exceeding $5,000	0.5 per cent.
Exceeding $5,000 but not exceeding	0.5 per cent for the first $5,000, plus
$100,000	0.35 per cent of the amount in excess of $5,000.
Exceeding $100,000 but not exceeding	0.5 per cent for the first $5,000, plus
$250,000	0.35 per cent of the next $95,000, plus 0.2 per cent of the amount in excess of $100,000.
Exceeding $350,000	0.5 per cent for the first $5,000, plus 0.35 per cent of the next $95,000, plus 0.2 per cent of the next $150,000, plus 0.1 per cent of the amount in excess of $250,000

Environmental Planning and Assessment (Savings and Transitional) Regulation 1998—Order

Functions taken to be included in the fee

1. The following functions are taken to be included in the fee for an application for a development consent referred to in Clause 1 of Schedule 2 to this Order:

   receiving and registering the application for development
   consent,
   undertaking any inspection of the site of the proposed building
   before the determination of the application,
   if the erection of the building comprises the alteration or
   rebuilding of an existing building, any inspection of the existing
   building before the determination of the application,
   notifying any persons who may be detrimentally affected by the
   proposed building,
   allowing inspections at the office of the council of such plans of
   the proposed building as show its height and its external
   configuration in relation to the site on which it is proposed to be
   erected,
   considering submissions made in relation to the application for
   development consent,
   examining the application for development consent and
   accompanying plans and specifications,
   checking engineering drawings and other details that relate to
   the proposed building,
   preparing any report in relation to the application for
   development consent, processing and determining the
   application and giving any notice required by or under the Act

   in relation to the determination of the application,

issuing an occupation certificate to the person on whose behalf

the building has been erected,
incidental administrative functions associated with the
determination of the application for development consent.